SIKKANTHAR BAI Vs. KUMAR

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dated 27.02.2017, passed in R.C.A.No.34 of 2011, on the file of the Rent Control Appellate Authority / Principal Subordinate Judge, Tirunelveli, confirming the fair and decreetal orders, dated 30.08.2010, passed in R.C.O.P.No.1 of 2007, on the file of the Rent Controller / Principal District Munsif, Tirunelveli, by the tenant.

(2.) For the sake of convenience, the parties are referred to as per the nomenclature in the rent control original petition.

(3.) The case of the landlord in brief is that the petition schedule property (hereinafter, referred to as ?the property?) belonged to the landlord and the tenant had been inducted as a tenant at a monthly rent of Rs.200/- and the tenant had not paid any advance and the rent had been reflected in the passbook kept by the tenant and the tenant had paid the rent upto 31.12.2004 and defaulted in the payment of rent from 01.01.2005 and the said default is nothing but wilful and the landlord had sent a notice to the tenant. The property is fitted with tiled roof facing east and the tenant, without any permission from the landlord, had removed the roof on 02.11.2006 and demolished the western compound wall and constructed a new compound wall and in this situation, the landlord had laid a suit in O.S.No.607 of 2006, on the file of the Principal District Munsif, Tirunelveli, against the tenant and obtained interim injunction and on account of the above acts of the tenant, the value of the building has been diminished and hence, the petition for eviction.